Yukon Territory • Protected Areas • Lands and Regulations • Issues & Advocacy

This data was accurate as of April 2008.

Page Index
Land description
Brief history
Process of development/consultation type
PAS implementation and candidate PA selection process
Results
First nations land claim settlements
Post-completion and on-going issues
Government Departments, Agencies and Legislation, for further information
Non-governmental organizations

Land description:
The current area protected in the Yukon Territory is 13.4% or approximately 6.5 million hectares (2007).

The land and fresh water area of the Yukon Territory is 48,766,160 hectares with the land only area being 47,439,100 hectares.  Approximately 98% of land in the Yukon Territory is Crown or public with a small portion of the interim protected areas for First Nation settlement lands being private.  There are 3 National Parks covering a total of 3.649 million hectares, and approximately 1.4 million hectares protected in territorial parks and wildlife and ecological reserves.   The national and territorial parks prohibit industrial use, as well as currently proposed First Nations agreement lands and additional park areas.  Interim or partial protection has been granted to approximately 1.48 million hectares for First Nations and Special Management Areas.  The Territory has 23 ecoregions as designated habitat types characterized by distinctive ecological factors including climate, physiography, soil, water and fauna.

Brief History: (prior to initiation of land use plan and development)
The Canadian Parks and Wilderness Society (CPAWS) can be credited with launching the concept and pushing for a Yukon Protected Area Strategy in 1991, a concept supported by the Yukon government.

In 1992, the Canadian Parks Ministers Council signed A Statement of Commitment to Complete Canada’s Networks of Protected Areas, by the year 2000.

In 1994, the Whitehorse Mining Initiative was signed to provide a strategic vision for a healthy mining industry in the context of maintaining healthy and diverse ecosystems in Canada.  Among other things it called for establishing an ecologically based system of protected areas.  Representatives of five sectors agreed to participate, including the mining industry, senior governments, labour unions, Aboriginal peoples, and the environmental community.  A report from the Land Access Issue group was released in 1994.

In 1998 the Yukon Government adopted its Wild Spaces and Protected Places: A Protected Areas Strategy (YPAS) with goals to protect core areas within each of the Yukon’s 23 identified ecoregions and to protect special sites that have uncommon landforms or features. 

Process of Development/Consultation Type:
Under YPAS, two types of protected areas would be established:  Goal 1 areas to be fully protected from development will be a network of representative areas in 20 of the 23 ecoregions; Goal 2 areas will be all other protected areas with varying levels of protection.

In 1999 the government established its Yukon Protected Area Strategy Secretariat to implement the Protected Areas Strategy and participate in other protected area planning initiatives.  A Public Advisory Committee was to include community and industry associations, environmental groups and First Nations.  About 20% of the stakeholders (mining, forestry and chambers of commerce) left the process in 2000.  Industry sectors felt that a key barrier to the initial YPAS was its focus on conservation rather than multiple use.  The key roles in implementing YPAS are played by the Yukon and federal governments, the local planning teams, the YPAS Steering Committee and participating First Nations.  The government then invited the Public Advisory Committee to participate in a review of how YPAS was being implemented.

In 2002, after extensive review by the Public Advisory Committee, which no longer included industry representation, YPAS was implemented under new government direction, and the principles were enshrined in the Parks and Land Certainty Act (2002).

PAS Implementation and Candidate PA selection process:
The (YPAS) Secretariat was created to research, assess and coordinate the establishment of protected areas, however, the research was never brought to the table.  Local Planning Team leads each public consultation process and develops protected area proposals.  The make-up of the local planning teams is still seen as a major flaw to the process by many.  The YPAS Steering Committee is the senior committee of government representatives that advises the Yukon government on YPAS implementation.

The process for establishing Goal 1 areas includes the following steps:

1. identification of areas of interest by the Yukon Government in conjunction with First Nations and stakeholders;

2. establishment of a local planning team;

3. confirmation of areas of interest and selection of study areas;

4. cabinet approval of study areas and request for interim protection;

5. design of park boundaries by local planning team;

6. submission of proposed area to development assessment process;

7. cabinet approval of protected areas boundaries;

8. cabinet designation of area by legislation;

9. preparation of management plan, with public review;

10. cabinet review and approval of management plan; and

11. review management plan every five years.

Goal 1 areas are fully protected from development.  From identification to approval of a protected area should take between 12 and 24 months.

Goal  2 areas may be nominated and recommended by First Nations, other government departments or the federal government.  Goal 2 areas are not automatically withdrawn from development and the level of protection varies.

In 1999, the Fishing Branch protected area was established through the YPAS process and consists of a 535,600 hectare Wilderness Preserve around the existing 16,600ha ecological Reserve (a Special Management Area for Vuntut Gwitchin First Nation) and an additional 99,800ha Habitat Protection Area on the southeast side of the Wilderness Preserve.   The YPAS process was not followed during the establishment of the Fishing Branch protected area.

Special Management Areas have been designated as areas to be managed by the First Nation and Federal & Territorial governments jointly.  Designations of the areas vary and do not always mean a withdrawal from industrial activity.

The Yukon Department of the Environment announced in 2002 that ecoregions not already adequately represented will have an Area of Interest (AOI) designated by April 2003.  Each AOI is identified by a technical working group comprised of territorial and federal representatives, and approved by the Yukon Cabinet.  Further studies and a public consultation process will be completed under the direction of a planning team representing First Nations, Yukon government. and members of the public.  The planning team recommends the final boundaries for a protected area.  The AOI is withdrawn from industrial development, but once that is done, industry will know that the balance of land within the ecoregion is open for potential development.  Some protected areas established under the Yukon First Nation Final Agreements may contribute to the ecoregion representation.

The Yukon government and the Kaska Tribal Council have an agreement to develop an Intergrated Landscape Management pilot project in southeast Yukon.

Results:
To date, representative portions of 7 out of the 23 ecoregions have been set aside.

As of 2003, a total of 640,000 hectares in the Fishing Branch Territorial Park and Habitat Protection Area have been protected and 946,000 hectares in the Asi Keyi National Wilderness, Tombstone Territorial Park and Klutlan Galcier Special Management area have been protected through final land claim agreements.

By April 2003, the Yukon government will have identified areas of interest in 13 ecoregions and local planning teams will proceed with the YPAS steps.

First Nations Land Claim Settlements:
Nine of fourteen First Nations Final Agreements have been ratified since 1992.  Two of the remaining final agreements are nearing completion and currently in the ratification process.  Through the land claim process, the First Nation, federal government and territorial government have an opportunity to negotiate Special Management Areas (currently 2% or 959,170ha) to allow tri-party management of certain areas within a specific traditional territory.  Interim lands protected until finalization of the land Claims agreements and future First Nation settlement areas amount to 5.4% or approximately 2.6 million hectares.  Some of the settlement lands will be considered private land and not all of the lands will necessarily be prohibited to mining.  The Yukon Protected Areas Strategy stipulates that protected areas will not be designated in regions of the territory where land claims have not been settled.  Chapter 11 (Land Use Planning) of the Umbrella Final Agreement (1990) will be initiated and implemented by the Yukon Land Use Planning Council.

Post-completion and On-Going issues:
The scientific rationale for the 500,000ha minimum size of goal 1 protected areas is strongly contested by industry and internal Yukon Energy, Mines and Resources government members.  The lack of a cap on the total land withdrawn from industrial activity is also a major issue.

Government Departments, Agencies and Legislation, for further information:
Indian and Northern Affairs Canada www.ainc-inac.gc.ca/

Yukon First Nations Umbrella Final Agreement 1990

Parks Canada www.parkscanada.gc.ca/

Canada National Parks Act 2000

Yukon Government:

Historic Resources Act 2003
Lands Act 2003

Environment (Parks and Protected Areas)     www.environmentyukon.gov.yk.ca/

Environmental Assessment Act 2003
Parks and Land Certainty Act 2002
Territoria lands (Yukon) Act 2003
Wildlife Act 2002

Yukon Protected Area Strategy (YPAS) www.nrtee-trnee.ca/

Energy, Mines and Resources www.emr.gov.yk.ca/mining/

Placer Mining Act 2003
Quartz Mining Act 2003

Non-governmental organizations

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